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20100927
20100927
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with the 9th u.s. circuit court of appeals in san francisco but it appears only the prison can actually -- if the 9th circuit u.s. court doesn't grant -- [ inaudible ] >> reporter: -- only then. the condemned man is albert green woofed brown. he was sentenced to death in 1982 for the rape and murder of a 15-year-old riverside, california, girl. this morning attorneys speaking for brown will ask a marin superior court to stay the execution. they say changes to the lethal injection protocol are minor and that the judge that allowed it to go forward doesn't respond correctly or allow public commentment yesterday he missed a deadline to choose between a one drug execution and a three drug execution. >> the judge's ruling today really gives albert brown a hobson's choice, which is no choice at all. judge fogel is saying albert brown must either give up his rights under the federal constitution or his rights under state law. it is completely unfair. >> the 9th circuit court of appeal will look at several of the issues including the judge's ruling itself. the judge, who said there are several
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